UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOES #1 and #2 Petitioners, I UNITED STATES Respondent. RESPONDENT'S MOTION TO DISMISS Respondent, United States of America, by and through its undersigned counsel, files its Motion to Dismiss, pursuant to Rules 12(6)(6) and 41(b), Federal Rules of Civil Procedure, and states: I. LITIGATION HISTORY On July 7, 2008, plaintiff Jane Doe filed her "Emergency Victim's Petition for Enforcement of Crime Victim's Rights Act, 18 U.S.C. Section 3771." (D.E. I). On the same day, this Court issued an Order directing the United States Attorney to file a response to the petition by 5:00 p.m., Wednesday, July 9, 2008. (D.E. 3). On July 9, 2008, the United States Attorney filed the "Government's Response to Victim's Emergency Petition for Enforcement of Crime Victim Rights Act, 18 U.S.C. § 3771." (D.E. 7). The Court held a hearing on July 11, 2008. On August 18, 2008, the Court held a status conference. On August 21, 2008, the Court ordered the Government to produce a copy of the Non-Prosecution Agreement between the United States Attorney and Jeffrey Epstein, and simultaneously entered a protective order prohibiting petitioners from disseminating the Non-Prosecution Agreement beyond designated individuals. (D.E. 26). On September 25, 2008, petitioners filed their motion to unseal document. (D.E. 28). On October 8, 2008, the Government filed its response in opposition to petitioners' motion. (D.E. 29). Petitioners filed their reply on October 16, 2008. (D.E. 30). On February 12, 2009, the Court denied petitioners' motion to unseal document. (D.E. 36). Since February 12, 2009, there has been no activity in this case, other than the filing of a notice by petitioners' counsel of his change in firm affiliation. (D.E. 37). II. THIS CASE SHOULD BE DISMISSED FOR LACK OF PROSECUTION Under Fed.R.Civ.P. 41(b), "[i]f the plaintiff fails to prosecute or to comply wit